Meghalaya act 007 of 2014 : The Meghalaya Special Courts Act, 2014 (Act No. 7 of 2014)

Section 1.Short title, extent and commencement

(1) This Act may be called the Meghalaya Special Courts Act, 2014.

(2) It shall extend to the whole State of Meghalaya.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2.Definitions

In this Act, unless the context otherwise requires,-

(a) Act means the Meghalaya Special Court Act, 2014;

(b) Authority means officials performing duties under the Act;

(d) declaration in relation to an offence, means a declaration made under section 5 in respect of such offence.

(e) High Court means High Court of Meghalaya.

(f) ¹"offence means violation of law or an act of omission or commission made punishable under any law for the time being in force; "

(g) prescribed means prescribed by rules under this Act; and

(h) Special Court means a Special Court established under section 3 ² " of this Act "

(i) ³ " Public Prosecutor means any person appointed under section 24 of the Code, and includes a Special Public Prosecutor. "

1Omitted and substituted by Act No.10 of 2015, Section 3(i), Earlier the words read as offence means an act or omission made punishable under any law for the time being in force;

2Inserted by Act No.10 of 2015, Section 3(2)

3Inserted by Act No.10 of 2015, Section 3(3)

Section 3.Establishment of Special Courts.

(1) The State Government shall, for the purpose of speedy trial of any offences shall in consultation with the High Court of Meghalaya, by notification, establish as many courts as considered necessary to be called Special Courts.

(2) A Special Court shall be presided over by a Judge belonging to the Meghalaya Judicial Services nominated by the High Court of Meghalaya.

(3) The Grade of the Judge will be decided by the High Court of Meghalaya before nomination depending on the offences to be tried by the Special Court.

Section 4.Cognizance of case by Special Courts.

A Special Court shall take cognizance of and try such cases as are instituted before it in a manner as laid down in the Code.

Section 5.Declaration of cases to be dealt with under this Act.

(1) If in ¹" the opinion of " the State Government ² " .............." there is prima-facie evidence of the commission of an offence alleged to have been committed by a person ³" or persons, individually or collectively. that should be tried by " ⁴" a Special Court established under this Act, the State Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion. "

(2) Such declaration shall not be called in question in any Court.

1 Inserted by Act No.10 of 2015, Section 4(1)

2 Omitted by Act No.10 of 2015, Section 4(2),Earlier the words is read as is of the opinion that.

3 Inserted by Act No.10 of 2015, Section 4(3)

4 Inserted by Act No.10 of 2015, Section 4(4)

Section 6.Effect of declaration

(1) On such declaration being made, notwithstanding anything in the Code or any other law for the time being in force, any prosecution in respect of the offence shall be instituted only in a Special Court.

(2) Where any declaration made under section 5 related to an offence in respect of which a prosecution has already been instituted and the proceedings in relation thereto are pending in a Court other than special Court, such proceedings shall, notwithstanding anything contained in any other law for the time being in force, stand transferred to Special Court for trial of the offence in accordance with this Act except cases falling under other Special Court constituted under any Central or State law.

Section 7.Jurisdiction of Special Courts as to trial of offences.

A Special Court shall have jurisdiction to try any person ¹ " or persons, individually or collectively, charged with " ²"........" the offence in respect of which a declaration has been made under section 5, either as principal ³"accused" conspirator or abettor and for all the other offences and accused persons as can be jointly tried therewith at one trial in accordance with the Code.

1Inserted by Act No.10 of 2015, Section 5(1).

2Omitted and substituted by Act No.10 of 2015, Section 5(2), Earlier the word read as alleged to have committed.

3Inserted by Act No.10 of 2015, Section 5(3).

Section 8.Procedure and powers of Special Courts.

(1) A Special Court shall, in the trail of such cases, follow the procedure prescribed by the Code for the trail of ¹"such" cases cases ²"......................."

(2) Save as expressly provided in this Act, the provision of the Code shall, so far as they are not inconsistent with the provision of this Act, apply to the proceedings before a Special Court and for the purpose of the said provisions, the ³".................."prosecution before a Special Court shall be ⁴" conducted by " ⁵"................." a Public Prosecutor ⁶" as defined in this Act. "

(3) A Special Court may pass, upon any person convicted by it, any sentence authorised by law for the punishment of the offence of which such person is convicted.

1Inserted by Act No.10 of 2015, Section 6(1).

2Omitted by Act No.10 of 2015, Section 6(2), Earlier the words read as before a magistrate.

3Omitted by Act No.10 of 2015, Section 6(3), Earlier the words read as persons conducting.

4Inserted by Act No.10 of 2015, Section 6(4).

5Omitted by Act No.10 of 2015, Section 6(5), Earlier the words read as deemed to be.

6Inserted by Act No.10 of 2015, Section 6(6).

Section 9.Appeal against orders of Special Courts.

(1) Notwithstanding anything in the Code, an, appeal shall lie from any judgement and sentence of a Special Court to the High Court of Meghalaya both on facts and law.

(2) Except as aforesaid, no appeal or revision shall lie in any Court from any judgment, sentence or order of a Special Court.

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of judgement and sentence of a Special Court:

Provided that the High Court of Meghalaya may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons that the appellant had sufficient cause for not preferring the appeal within the period.

Section 10.Transfer of case

Notwithstanding the other of this Act, it would be open to the High Court of Meghalaya to transfer cases from one Special Court to another

Section 11.Special Court not bound to adjourn a trial.

(1) A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice and for reasons to be recorded in writing.

(2) The Special Court shall endeavour to dispose of the trial of the cases within a period of one year from the date of its institutions or transfer, as the case may be.

Section 12.Presiding Judge may act on evidence recorded by his predecessor.

A Judge appointed under Section 3 to preside over a Special Court may act on the evidence recorded by his predecessor or predecessors or partly recorded by his predecessor or predecessors and partly recorded by himself.

Section 13.Charge sheet

Charge sheet of any offences, to be tried by a Special Court, shall be completed within sixty ¹"days which may be extended " to ninety days.

1 Inserted by Act No.10 of 2015 , Section 7.

Section 14.Notice or order not to be invalid for error in description.

No notice issued or served, no declaration made and no order passed, under this Act shall be deemed to be invalid by reason of any error in the description person mentioned therein, if such person is identifiable from the description so mentioned.

Section 15.Act to be in addition to any other law.

The provision of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any person from any proceeding which might, apart from this Act, be instituted against him.

Section 16.Protection of action taken in good faith.

No suit, prosecution or other legal proceedings shall lie against any authority for anything¹ " done " in good faith done or intended to be done in pursuance of this Act.

1Inserted by Act No. 10 of 2015, Section 8

Section 17.Power to make rules.

(1) The State Government may, by notification, make such rules, if any, as it may deem necessary for carrying out the purpose of this Act.

(2) All rules made under this Act shall be laid, as soon as may be, before the State Legislature.

Section 18.Overriding effect.

Notwithstanding anything contain in any law for the-time being in force, the provisions of this Act shall prevail in case of any inconsistency